JACKSON, MI – Appointing two city officials to the Jackson Housing Commission is a conflict of interest, The U.S. Department of Housing and Urban Development said in a recently released opinion.

The Jackson Housing Commission asked HUD for an opinion after the city appointed Council member Derek Dobies and City Manager Patrick Burtch to the commission in a controversial move.

In the letter, Willie C. H. Garrett, director of the office of public housing at HUD’s Detroit office, stated: “Such an arrangement is prohibited by the Annual Contributions Contract (ACC) entered into by any Housing Commission receiving federal funds from HUD. Allowing a councilperson to sit on the housing commission board removes safeguards provided for in the state statute as well as creating a conflict of interest under the ACC.”

However, Mayor Martin Griffin stood by the council’s decision and said the letter changes nothing.

Herman Hill, executive director of the Jackson Housing Commission, had requested a legal opinion from the Detroit office of HUD in December after the council had removed commission member Trent Harris from the board in early December and appointed Dobies to the seat.

“I think the ball is in the mayor’s court at this particular time,” Hill said. “I think this reiterates my position from the commencement of this whole issue and verifies what I’ve said from the beginning. I stand correct.”

Hill had previously cited the 1993 opinion of the Michigan Attorney General which stated that a city council member could not sit on the housing commission. That opinion cited the law which Griffin said in 2009 was amended to no longer prohibit council members from sitting on housing commission boards.

“A conflict exists,” Hill said. “There’s no question about it. And that’s what I’ve been saying the entire time. … My position hasn’t changed, it is what it is, I think at this point the city quite frankly doesn’t get it.”

The request for legal opinion came among a flurry of activity between the housing commission and city council. Not long after Harris was removed from the board, the housing commission board president and vice president were also removed and Burtch was placed on the board. Around that time the city also filed a restraining order against the commission, which had been seeking a separate health care plan.

The two entities met in December and came to an agreement which led to the city dropping the restraining order. Yet Hill believes the city is retaliating against the commission because of differing opinions on the city ordinance that requires non-owner occupied properties to pay inspection and registration fees.

Dobies said he is legally allowed a seat on the housing commission and is ready to work with the board on the housing issues in the city.

“I look forward to continuing to serve on the Jackson Housing Commission and working to rebuild the bridges between the city and the commission to ensure quality, affordable housing in the city,” he wrote in an email to the Citizen Patriot. “I think there is a lot to be done in terms of transparency and accountability on the commission; and I believe, with our new board, we are poised to position the Jackson Housing Commission to be financially healthy, open and transparent and accountable to the Jackson Community.”